HomeMy WebLinkAboutAgenda Report - February 4, 1981 (48)I.PPROVE EXTENDED
LEASE AGREEMENT
VAN RUITEN
City Manager G1aves informed the City Council
that in November, 1976, Mr. He•rt Van Ruiten
entered ;4ntc) a lease agreement with the City
to 1.?ase back property which the City had purchased
from him for construction -of the white Slough
Water Pollution Control Facility expansion.
The lease carried an "option to renew" clause
which stated that the lessee would have an
option to renew the lease for the same uses and
under the same conditions for two additional
terms of five years each. Lessee must exercise
the option six months prior to the expiration
of the initial term. Mr. Bert Van Ruiten has
requested that he be allowed to renew the
lease for the entire 10 yea- period commencing
November 15, 1981. The amo_int of the rent for
the total 15 year lease period was established
under the terms of the initial lease. The lease
amounts are as follows:
November 15, 1981 - November 14, 1986 521,123/yr.
November 15, 1986 - November. 14, 1991 $23,470/yr.
Mr. 'Van Ruiten has carried out the terms and
conditions of his lease and Staff recommended
that Mr. Van Ruiten'be given the opportunity
to renew this lease for the 10 -year period
commencing November 15, 1981.
On motion of Councilman Murphy, Hughes second,
Council approved the request of Mr. Bert Van
Ruiten to enter into a 10 -year lease agreement
with the City for the white Slough water Pollu-
tion Control Facility property as heretofore
outlined and authorized the Mayor and City Clerk
to execute the lease agreement on behalf of
the City. C.
D
TO: City Council
FROM- City Manager
DATE: January 30, 1981
SlJI3j T: White Slough Water Pollution Control Facility Lease Agreement
RECIENDED ACTION: That the City Council approve the request o`f Air. Bert
Van Rulten to enter into a 10 -year lease agreement with the City for the
White Slough Water Pollution Control Facility property and authorize the
Mayor and City Clerk to execute the lease agreement.
BACKGROUND INFORMATION: In November, 1976, Mr, Bert Van Ruiten entered into
a lease agreement with the City to lease back property which the City had
purchased from him for construction of the W.S.W.P.C.F. expansion. The lease
carried an 'option to renew" clause which stated that the lessee would have
an option to renew the lease for the same uses and under the same conditions
for two additional terms of five years each. lessee must exercise the option
six months prior to the expiration of the initial term. Mr. Bert Van Ruiten,
under the attached letter, has requested that he be allowed to renew the
lease for the entire 10 -year period commencing November 15, 1981.
The amount of the rent for the total 15 -year lease period was established
under the terms of the initial lease. The lease amounts are as follows -
lova 15, 1981 - Nov. 14, 1986 $21,123/yr.
Nov. 15, 1986 - Nov. 14, 1991 $23,470/yr.
Mr. Van Ruiten has carried out the terms and conditions of his lease, and
we feet that he should b, given the opportunity to renew this lease for the
10 -year period commencing November 15, 1981.
atthment
e VLAV[31 .try manager
FILE NO,
January 15, 1981
Mr. Henry A, Glaves, Jr.
City Manager
City of Lodi
221 N. Pine
Leath, Ca. 95240
Dear Hr. Claves:
I am presently leasing from the City of Lodi approximately 235 acres
adjasat to White Slough Treatment Plant.
That lease terminates November 14, 1981„ However, paragraph 5 grant&
me the option to renew for two sucessive five-year terms.
I hereby elect to renew the lease for a ten-year period commencing
November 15, 1981 under the teams and conditions specified in the
original lease.
Yours very truly,
Bert Ilan Ruiten
3261 W. Sargent Rd.
Lodi, Ca. 95240
UA N �j91,98�
3. T The term of this Lease shall be for a period
6f five (5) years, commencing November 15, 1976, and terminat-
ing at midnight on November 14, 1981
4. RENTs In cop!:ilaration of slid Wase, Lessee agrees
S. OPTION TO RENEW LEASE: Provided Lessee has complieaj
of his intention to exercise the successive five-year 9 Uow
.p
�Jaask..six (6) months prior to the
terra® S i X (6)
months prior to the expiration of any addi-
tional term® In the event Less9e exercises said options to
renew this Lease, then the rent to be paid by Losses to Lee -
mor shall be paid semi-annually, as hereinabove set forth,
-2-
and @hall be in the followin
(a) For the period November 15,, 1981p to, and in-
• r 3: ; 1 : r
(b) For the period November 15, 1986, to, and in -
eluding, November 14, 1991, the sum of $23,470.00 per year.
exerciseIn the event Lessee fails to his option
mimes.
:i. USEi The demised premises shall be r. solely for
Table of sewage effluent waste water dis-
charges for fifteen -year period, reported
in million gallons per day:
-3-
Mr. Henry A. Gres, Jr®, City Manager
City of Lodi
221 W. Pine
Loth, Ce® 95240
,.�CTrlIItz����''vt-.m��-�'4"ML yy¢:� �'.°.�C�i1vYa'+IKA�aP"�-¢tiC'r\MAW.��.JlvePuaatiR�.YI"hMm+'Ji�:cxm r.KW�s{`Kt�.,Y.+t-J1I�e�`8.*w�+lwas`aj%r. %��..i:L�ii�sc..
MOM
Clio HA14 221 WEST PINE MET
LORI, CALIFORNIA 95240
(209) 334-5634
March 11, 1981
SargentMr. Bert Van Ruiten
3261 • . d
Lodio, CA 95240
Dear Mr. Van Ruiteno
HENRY A. CA AYES, Jr.
city MW%W
ALICE kk REIMCHK
aty 'irk
RONALD M. STEIN
City AtWftq
Enclosed please find an original and three
copies of the Amendment to the initial Lease
Agreement for the property adjacent to White
Slough, renewing the initial Lease for a term
of ten years, commencing November' 1.5, 1981
and terminating at midnight on November 14,
1991., which was approved by the Lodi City
Council, at a regular meeting held February
4, 13819
Please executer all copies and return them at
your earliest convenience. A Fully executed
copy will be returned to you for your files®
Should you have any questions, please do
nct hesitate to calla
Very truly yours,
Alice H. Reimche
City Clerk
ARmdg
:.�._.�T
AMENDMENT TO LEASE
WHEREAS, the CITY OF LODI, hereinafter referred to
as ' "LESSOR" , and BERT VAN RUITEN, hereinafter referred to
as '"LESSEE" entered into a Lease on November 3, 1976 for
the premises described as follows:
Whose certain premises described in
- Exhibit "A" attached hereto, and by this
' :. reference, •'made part hereof.
WHEREAS, pursuant to Section 5 of the Lease entered
into on November 3, 1976 between Lessor and Lessee, Lessee
has complied with all of the terms and conditions of the
Lease, and requests and desires to renew the initial Lease
for term of tern (10) years, terminating at midnight on
.
i
November 14, 1991;
NOW, THEREFORE, Lessee and Lessor hereby amend said
Lease as t fol lows o 1
v
.3 to
® SECTION o said Lease is hereby amended read
ars follows: I
J1,122,+7
A Ii.
The term of this Lease shall be for a period
?
cif ten (10) years, commencing November 15, 1981
and terminating at midnight on November 14# 1.99,1®
Il. SECTION 4 of said Lease is hereby amended and shall
read as follows:
4m RIENTm in consideration of said Lease, Lessee
agrees to pay to Lessor, as rent for the demised
premises, the sum of $15,255050 per year, during the
initial five-year terra hereof. Said yearly rental
shall be paid semi-annually, to wit: the sum of
$7,627.75 on or before May 1.5, and a like sum of
r
$7,627.75 on or before November 15 of each year during
the .initial term hereof.
i
The rent to be paid by Lessee to Lessor shall
be paid semi-annually as hereinabove set forth and shall
be in the following amounts:
For the period November 15, 1981 to and
including November 14, 1986, the sum of $21,123000 per
year.
For the period November 15, 1986 to and
including November 14, 1991, the sum of $23,470000 per
year.
SECTION 18 of said Lease is
he
hereby amended by the-
addition
addition to it of the following
paragraph:
Lessee shall also maintain
at his expense, fire
`¢
•�<;
insurance on all buildings on
said premises.
I
'
IV. Any assignment or subleasing of said agreement must
be ag peed to by Lessor prier to entering into same and
a copy of said assignment or sublease of agreement shall
be on file with the City Clerk of the City of Lodi.
�4 i
V. All other conditions, covenants, and provisions of ; •:A,:9 ., . �?• �
, �FY
the Lease entered '.pito on November 3, 1976 s;tal l be bind- '. ! a . `, �
` y i•t� 1
ing on Lessor and Lessee. %
r:
,n
Its WITNESS WHEREOF, Lessor and Lessee have executed
this Amendment to Lease this 5th day of February $ "
19 e
CITY OF LODI, a municipal,
corporation
By
WAL ER J a XATN I CH
MAYOR
Hereinabove called "LESSOR"
Attesto
ALICE Mo REIMCHE
CITY CLERK
13y
BERT Vii -i RUITEN
Hereinabove called "LESSEE"
A portion of the North half of Sections 25 and 26, Township 3
North, Range 5 -East, Mount Diablo Base and Meridian, being
re particularly described as follows o .
Beginning at a point on the northerly line of said Section
25; distant along said line North 89` 22' 52" West, 3,407.31
Feet from the Northeast corner of said Section 25, said point
being also the northwesterly corner of that parcel of land
deeded to the State of California and recorded November 5,
1970 in Book 3455, page 428, San Joaquin County Records;
thence alone the westerly line of said parcel the following
four courses: (1) South 191 12' 32" East, 122094 feet;
(2) South 15' 295 46" East, 364022 feet; (3) South 139 21' 29'
East, 2,226®73 feet® (4) South 13® 02' 23" East, 29034 -feet
to a point in the South line of the North half of said Sec-
tion 25; thence Westerly, along the South line of the North
half of said Sections 25 and 26 to the southeasterly corner
of that parcel of land described as Unit B in deed to the
State of California and recorded December 14, 1970 in Book
3467, page 349, San Joaquin County Records; thence North
220 22' 16* West, along the easterly line of said parcel,
2890.74 feet to a point in the North line of said Section 26;
thence Easterly, along the North line of Section 26 and Sec-
tion 25 to the point of beginning®
Containing 234®7 acres, more or less.
TOGETHER WITI! an easement through and across Grantor's re-
maining property, which easement is described as follows:
That certain real property located in the County of San
Joaquin, State oaf California, more particularly described as:
PARCEL lr A portion of the North half of Section 25, Town-
ship 3 North, Range 6 East, Mount Diablo Base and
Meridian, being more particularly described as follows;
Beginning at the Northeast corner of said Section 25; thence
Forth 89* 22' 52" West, along the North line of said Section,
3150®33 feet to the Northeast corner of that parcel of land
deeded to the State of California and recorded November 50
1970 in Book 3455, page 428, San Joaquin County Xecords;
thence South 170 18' 06" East, along the Easterly line of
said parcel, 29048 feet to a point which lies 20.00 feet
South of the North line of said Section; thence South 89°
22' 52" East, to a point in the East lime of said Section;
thence Northerly, along said East line, 28.00 feet more or
� C
o
less to the point of beginning.
PARCEL Its A portion of the Northwest Quarter of Section 30,
7bwnship 3 North, Mange 6 East, Mount Diablo Rase
and Meridian being more particularly described as follows:
Beginning at the Northwest corner of said Section 30, thence
Southerly along the West lane of said Section, 28.00 feet®
thence South 896 229 52* East# to a point in the Westerly
line of THORNTON ROAD; thence North 5011 21' 38" West, along
said Westerly lime, to the point of beginning.
RESERVING AND EXCEPTING unto Grantor the following
All oil, oil rights, minerals, mineral rights, natural gas,
natural gas rights, and other hydrocarbons by whatsoever name
known that may be within or sander the parcel of land herein-
above described, together with the perpetual right of drill-
ing, mining, exploring, and operating therefor, and removing
the same from, said land or any other land, including the
right to whipstock or directionally drill and mine from
lands other than those hereinabove described, oil or gas
wells, tunnels, and shafts into, through, or across the sub-
surface of the land hereinabove described, and to bottom such
whipstock or directionally drilled wells, tunnels, and shafts
under and beneath or beyond the exterior limits thereof, and
to redrill, retunnel, equip, maintain, repair, deepen, and
operate any such wells or mines, without, however, the right
to drill, mine, explore, and operate through the surface or
the upper 100 feet of the subsurface of the land hereinabove
described or otherwise in such manner as to endanger the
safety of any highway that may be constructed on said lands
All pumps, motors, and wells located hereon and an easement
and right of way in gross over, under, along, across, and
through the north., south, and west side hereof for the erec-
tion, construction, maintenance, and operation of a domestic
and/or irrigation water production, transmission, storage
and/or drainage system, and all incidental purposes for the
benefit of subject property and all of grantor's remaining
property to the east, together with pole lines, necessary
cross arms, and wires for transmission of energy and all
other incidental purposes with right of entry over the re-
mainder of said land for the purpose of erecting, construct-
ing, laying, maintaining, repairing, and operating name.
REJERVING AND EXCEPTING therefrom all right, title, and
interest in water right Application 12572, Permit 74240
License 3906.
Grantee agrees to shah® equally with Grantor in they main-
tenafice
of the easement granted over ?arcels x and 11